Dealing with debt is challenging enough, but facing a lawsuit from a debt collection law firm like Couch Lambert, LLC, can feel overwhelming and uncertain. If you received a notice that you are being sued, it is critical to understand that you have legal options to fight and resolve it. Below, our Texas debt collection defense attorneys highlight what you should know about Couch Lambert, LLC, and what to do if Couch Lambert is suing you.
What Is Couch Lambert, LLC?
Couch Lambert, LLC is a debt collector and law firm. It represents creditors, lenders, debt buyers, and third-party debt collection companies to recover consumer and commercial debts. According to Couch Lambert’s website, it handles many types of consumer collection cases, including the following types of debt:
- Credit card debt
- Installment loans
- Auto loans
- Student loans
- Retail loans
Couch Lambert was formerly known as Couch, Conville & Blitt, LLC. Therefore, searching “Couch Lambert” online will likely produce results referring to Couch, Conville & Blitt, or Couch Conville Blitt. However, that name is outdated, and the law firm now goes by Couch Lambert, LLC.
The firm is headquartered in Metairie, Louisiana. However, it has offices and licensed attorneys in multiple states across the Midwest and South, including Texas. The firm has two offices in Texas, one in Dallas and one in Houston.
What Creditors Does the Couch Lambert Law Firm Represent?
Couch Lambert represents many banks, credit card companies, and lenders. For example, in Texas, Couch Lambert often represents the following creditors:
In addition to representing creditors, Couch Lambert often represents debt buyers and third-party debt collection companies. You may not recognize these companies because you would not have opened a credit card account or taken out a loan with them. They buy debt from creditors and lenders for a fraction of the value, then come after consumers for the total amount. These companies include, but are not limited to:
- AIS Services, LLC
- Crown Asset Management, LLC
- Oliphant Financial, LLC
- Unifund CCR, LLC
- Velocity Investments, LLC
What to Do if Sued by Couch Lambert in Texas
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If Couch Lambert sues you for debt collection in Texas, it is critical to respond to the lawsuit. The biggest mistake you can make is to ignore it. Ignoring it does not make it go away.
Instead, ignoring it may result in a default judgment or an easy win for Couch Lambert and its client. With a default judgment, Couch Lambert may be able to freeze and garnish your bank accounts, seize your property, or place liens against your property to get its money.
Couch Lambert likely filed hundreds of other lawsuits with the one it filed against you. It counts on consumers to ignore the lawsuit notices so it can obtain default judgments and more easily recover money for its clients.
By responding, you can avoid a default judgment and make it more difficult for Couch Lambert to win the case. Couch Lambert must prove its case, and it may not have enough evidence. Additionally, it may be more open to settlement negotiations to save time, money, and resources associated with going to court.
To respond to the lawsuit, you must draft and file a written response with the court handling the case. Your response is called an Answer. You only have a certain amount of time to file your Answer, possibly as little as 14 days, so it is vital to act quickly.
Mistakes in drafting or filing your Answer can put you at risk for a default judgment. We recommend working with an experienced Texas debt defense lawyer to handle the paperwork on your behalf. At Warren & Migliaccio, we can ensure that your Answer protects your best interests and that you do not miss critical deadlines.
What Are My Legal Options if Facing a Couch Lambert Lawsuit?
You generally have a few legal options when facing a credit card or debt collection lawsuit in Texas. Your best legal options will depend on the unique circumstances of the case. However, your options may include the following:
Challenging the Lawsuit
Once you respond to the lawsuit, the burden of proof is on Couch Lambert and its client. Couch Lambert must prove that you owe the debt, that its client owns it, and that it has the legal right to collect it. It may not have enough evidence to prove its case, especially if the debt has been bought and sold multiple times. Additionally, you may have strong defenses that can help you win the debt collection case.
Common defenses in a debt collection case include, but are not limited to:
- Statute of limitations. A creditor or debt buyer has a certain amount of time to sue a consumer, called a statute of limitations, for a debt. In Texas, the statute of limitations for debt collection is four years. If that deadline has passed, the debt is time-barred, meaning you cannot be sued over it.
- Debt already paid or discharged. If the debt has already been paid or discharged, such as in bankruptcy, you can use that as a defense to get the case dismissed.
- Mistaken identity. If you do not recognize the debt, you may have grounds to challenge the lawsuit based on mistaken identity or identity theft.
Negotiating a Settlement
Negotiating a settlement with Couch Lambert may be a good option, depending on your situation. You may consider a settlement for several reasons, including:
- Recognizing you may owe the debt
- Resolving the case quickly
- Avoiding court
- Avoiding a judgment
Settlement agreements are generally structured as a lump-sum payment or a payment plan. If a lump sum is feasible for you, you may be able to negotiate a settlement that is much less than the alleged debt owed.
We recommend consulting with a Texas debt resolution attorney before trying to settle. An experienced attorney can help you determine your best option for resolving the case based on your financial situation and the case circumstances.
Seeking Alternative Debt Resolution
Depending on your financial situation, you may consider alternative debt resolution options, such as bankruptcy. Bankruptcy can stop debt collection efforts and potentially discharge some or all of your debts.
Many misconceptions about bankruptcy tend to give it a bad reputation. However, there are many benefits to bankruptcy. Most importantly, it can offer you a fresh financial start.
Contact Our Texas Debt Defense Lawyers for a Consultation
Are you being sued by Couch Lambert? Do not hesitate to schedule a consultation with our Texas debt collection defense lawyers about your situation. You have available legal options, and we can help you understand your best options for resolving the lawsuit.
At Warren & Migliaccio, we defend individuals in credit card and debt collection lawsuits across Texas. We have significant experience and success against large creditors and their law firms, like Couch Lambert, LLC.
During a consultation, we can review the claims against you, discuss your next steps, and how we can help you. Submit our online contact form, and we will reach out to you soon.
